(Amended by Ordinance No. 176955, effective October 9, 2002.)
Whenever the Harbor Master, in his/her judgement finds that any dock or
waterfront structure has become unsafe or dangerous so as to render the same or
any portion thereof unsafe to life or property, he/she shall ask the Director of
the Bureau of Development Services to make a survey of the property; if he/she
declares the same to be unsafe to life or property, the Harbor Master shall
order the same barricaded with proper fencing, and danger signs posted by day
and red lights by night, which shall remain intact until necessary repairs
thereto as the engineers report are practicable shall be made. If the
repairs are not practicable, the Harbor Master shall order the removal of the
dock or waterfront structure. If the owner, agent, or lessee of the
property shall fail to comply promptly with the order of the Director of the
Bureau of Development Services, the Harbor Master shall prohibit the use of the
unsafe portion of the dock or waterfront structure for any purpose whatsoever,
and shall erect or cause to be erected the necessary barricade, signs, and
lights; and if the dock or waterfront structure is to be removed or razed the
Director of the Bureau of Development Services shall, with the Harbor Master,
remove or have removed any and all of the unsafe portions of the dock or
waterfront structure, and all of the expense therefrom shall be paid by and
recoverable from the owner, agent, or lessee of any such dock or waterfront
structure. Nothing contained herein shall prevent a condemnation as
otherwise provided, nor shall the provisions herein contained relieve the owner,
agent, or lessee from the duty of periodically inspecting the property and
promptly proceeding thereafter to make all repairs that are
practicable.